Draft National Food Security Bill

8/4/2019 Draft National Food Security Bill

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THE NATIONAL FOOD SECURITY BILL, 2011

A

Bill

to provide for food and nutritional security, in human life cycle approach, byensuring access to adequate quantity of quality food at affordable prices, for people tolive a life with dignity and for matters connected therewith or incidental thereto

BE it enacted by Parliament in the Sixty-second year of the Republic of India asfollows:-

CHAPTER IPRELIMINARY

Short title,extent and

commencement.

1. (1) This Act may be called the National FoodSecurity Act, 2011.

(2) It extends to the whole of India.

(3) It shall come into force on such date as theCentral Government may, by notification inthe Official Gazette appoint, anddifferent dates may be appointed for differentprovisions of this Act.

Definitions. 2. In this Act, unless the context otherwiserequires,--

(a) anganwadi means a child care anddevelopment centre set up under IntegratedChild Development Services Scheme of theCentral Government to render servicescovered under section 4, sub-section (1) ofsection 5 and section 6 of this Act;

(b) central pool means the stock of foodgrainswhich is,-(i) procured by the Central Government and


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the State Governments through minimumsupport price operations ;(ii) maintained for allocations under theTargeted Public Distribution System, OtherWelfare Schemes, including calamity relief andsuch other schemes;(iii) kept asreserves for schemes referred to insub-clause(ii);

(c) destitute person means a person who has noresources, means and support required for dignifiedliving;(d) the word disaster shall have the same meaningas assigned to it in clause (d) of section 2 of DisasterManagement Act, 2005;

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(e) fair price shop means a shop which has beenlicenced to distribute essential commodities by anorder issued under section 3 of the EssentialCommodities Act, 1955, to the ration card holdersunder the Targeted Public Distribution System;(f) foodgrains means rice, wheat or coarse grains orany combination thereof;(g) food security means the supply of the entitledquantity of foodgrains and meal specified underChapters II, III and IV;

(h) food security allowance means the amount ofmoney to be paid by the concerned StateGovernment to the entitled persons undersection 12,;(i) homeless persons means persons who do nothave homes and live as such on the roadside,pavements, or in such other places, or in the open,including persons living in shelters for homeless,beggars home etc.

(j) local authority includes panchayati raj institutionssuch as Gram Panchayat, Panchayat at intermediatelevel or a Zila Parishad, municipalities, a district

board, cantonment board, town planning authority orany other body or authority, by whatever name called,which is authorised under a law, for renderingessential services or with the control andmanagement of civic services, within a specified localarea;(k)meal means cooked meal or ready to eat meal ortake home ration, as may be prescribed by theCentral Government;(l) minimum support price means the assured priceannounced by the Central Government at which


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foodgrains are procured from farmers by the CentralGovernment and the State Governments and theiragencies for the central pool;

(m) National Commission means the National FoodSecurity Commission constituted under section 21;(n) other welfare schemes means suchGovernment schemes, in addition to the TargetedPublic Distribution System, under which foodgrains ormeals are supplied as part of the schemes;(o) person with disability means a person definedas such in clause (t) of section 2 of the Persons withDisabilities (Equal Opportunities, Protection of Rightsand Full Participation) Act, 1995;

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(p) poverty estimates means such percentage ofpopulation living below the poverty line as may bedetermined by the Central Government from time totime;(q) priority households and general householdsmean households identified as such under section14;(r) prescribed means prescribed by rules madeunder this Act;(s) ration card means a document issued under anorder or authority of the State Government for thepurchase of essential commodities from the fair priceshops under the Targeted Public Distribution System;(t) rural area means any area in a State exceptthose areas covered by any urban local body or acantonment board established or constituted underany law for the time being in force;(u) senior citizen means a person defined as seniorcitizen under the Maintenance and Welfare of Parentsand Senior Citizens Act, 2007;(v) social audit means the process in which people

collectively monitor and evaluate the planning andimplementation of a programme or scheme;(w) State Commission means the State FoodSecurity Commission constituted under section 19;(x) State Government, in relation to a UnionTerritory, means the Administrator thereof appointedunder article 239 of the Constitution;(y) Targeted Public Distribution System means thesystem for distribution of essential commodities tothe ration card holders through fair price shops;(z) vigilance committee means a committee


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constituted under section 30 to supervise theimplementation of all schemes under this Act;(aa) the words and expressions not defined here butdefined in the Essential Commodities Act, 1955 shallhave the meaning respectively assigned to them inthat Act.

CHAPTER IIPROVISIONS FOR FOOD SECURITY

Right to receivefoodgrains atsubsidized prices bypersons belonging topriority householdsand generalhouseholds underthe Targeted PublicDistribution System.

3. (1) Every person belonging to priority householdsand general households, identified under sub-section(2) of section 14, shall be entitled to receive everymonth from the State Government, under theTargeted Public Distribution System, such quantity offoodgrains at such prices as may be specified inSchedule I .

(2) Subject to sub-section (1), the State Governmentmay provide wheat flour in lieu of the entitled quantityof foodgrains specified in Schedule I, to the personsbelonging to priority households and generalhouseholds, in accordance with the guidelinesnotified by the Central Government.

Nutritional support topregnant women andlactating mothers.

4. Every pregnant woman and lactating mothershall be entitled to meal, free of charge, duringpregnancy and six months after the child birth,through the local anganwadi, so as to meet thenutritional standards specified in Schedule II.

Nutritional support tochildren.

5. Every child upto the age of fourteen years shallhave the following entitlements for his or hernutritional needs, namely:-

(1) Children in the age group of six months- six years: age appropriate meal,free of charge,through the local anganwadi so as to meet thenutritional standards specified in Schedule II:

Provided that for children below the age of sixmonths, exclusive breast feeding shall bepromoted.

(2) Children in the age group of six to fourteenyears: one mid day meal, free of charge,everyday, except on school holidays, in all


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schools run by local bodies, government andgovernment aided schools, upto class VIII, so asto meet the nutritional standards specified inSchedule II.

(3) Every school and anganwadi shall haveappropriate facilities for cooking meals anddrinking water.

Prevention andmanagement of childmalnutrition

6. The State Government shall, through the localanganwadi, identify and provide meal, free of chargeto children who suffer from malnutrition, so as to meetthe nutritional standards specified in Schedule II.

Implementation ofSchemes forrealization ofentitlements.

7. The entitlements under sections 4, 5 and 6 shallbe realized through specific schemes, which shall beimplemented by the State Governments inaccordance with guidelines, including cost sharingbetween the Central Government and the StateGovernments in such manner as may be prescribedby the Central Government.

CHAPTER IIIENTITLEMENTS OF SPECIAL GROUPS

Entitlements ofspecial groups.

8. The following special group shall have followingentitlement, namely:-

(1) All destitute persons shall be entitled to at leastone meal every day, free of charge, in accordancewith such scheme as may be prescribed by theCentral Government.

(2) All homeless and such other needy persons shallbe entitled to affordable meals at communitykitchens, in accordance with such scheme as may beprescribed by the Central Government:

(3) The entitlements under sub-sections (1) and (2)shall be applicable only after it is notified by therespective State Governments.

(4) Every State Government shall notify theentitlements under sub-sections (1) and (2) within oneyear from the date of commencement of this Act.


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(5) The migrants and their families shall be able toclaim their entitlements under this Act, at the placewhere they currently reside.

Emergency anddisaster affectedpersons.

9. The State Government shall, if it is of the opinionthat an emergency or disaster situation exists,provide to affected households two meals, free ofcharge, for a period upto three months from the dateof disaster in accordance with such scheme as maybe prescribed by the Central Government.

CHAPTER IVPERSONS LIVING IN STARVATION

Identification ofpersons living instarvation

10. The State Government shall identify persons,households, groups, or communities, living instarvation or conditions akin to starvation.

Immediate relief fromstarvation

11. All persons, households, groups or communities,identified under section 10, shall be provided thefollowing meals or reliefs with immediate effect, insuch manner as may be prescribed, namely:-

(a) meals, two times a day, free of charge, forsix months from the date of identification;(b) any other relief considered necessary bythe State Government.

CHAPTER VFOOD SECURITY ALLOWANCE

Right to receive foodsecurity allowance incertain cases.

12. In case of failure to supply the entitled quantitiesof foodgrains or meal to entitled persons underChapters II, III and IV, such persons shall be entitledto receive food security allowance from theconcerned State Government, to be paid to eachperson within such time and manner as may beprescribed by the Central Government.

CHAPTER VIIDENTIFICATION OF PRIORITY HOUSEHOLDS

AND GENERAL HOUSEHOLDS

Coverage ofpopulation under

13. (1) At the all India level, the percentage coverageof overall rural and urban population under the


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Targeted PublicDistribution System

priority and general households, for the purposes ofproviding subsidized foodgrains under the TargetedPublic Distribution System, shall be to the extentspecified in Schedule III.

(2) Subject to sub-section (1), the State-wisedistribution shall be done by the Central Governmentbased on State-wise rural and urban poverty ratiosdetermined and specified by it, from time to time inconsultation with the Planning Commission.

(3) The coverage for persons belonging to priorityhouseholds shall be implemented with effect from thedate of commencement of this Act and the coverageof persons belonging to general households and belinked to such reforms in the public distributionsystem and from such dates as may be prescribedby the Central Government.

Guidelines foridentification ofpriority householdsand generalhouseholds.

14. (1) The Central Government may, from time totime, prescribe the guidelines for identification ofpriority households and general households, includingexclusion criteria, for the purposes of theirentitlement under this Act, and notify such guidelinesin the Official Gazette.

(2) Within the State-wise number of personsbelonging to the priority households and generalhouseholds, determined under sub-sections (1) and(2) of section 13 above, identification of priorityhouseholds and general households shall be done bythe State Governments or such other agency as maybe decided by the Central Government, inaccordance with guidelines referred to in sub-section(1):

Provided that no household meeting theexclusion criteria, to be prescribed by the CentralGovernment, shall be included either in the priorityhouseholds or general households.

Publication anddisplay of list ofpriority householdsand generalhouseholds.

15. The list of the identified priority households andgeneral households shall be placed by the StateGovernments in the public domain and displayedprominently.


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Review of number ofpriority householdsand generalhouseholds.

16. Within the State-wise number of personsbelonging to priority households and generalhouseholds, determined under sub-sections (1) and(2) of section 13, the list of the eligible priorityhouseholds and general households shall be updatedby the State Government from time to time.

CHAPTER VIIWOMEN EMPOWERMENT

Women of eighteenyears of age or aboveto be head ofhousehold forpurpose of issue ofration cards.

17. (1) The eldest woman who is not less thaneighteen years of age, in every priority household andgeneral household, shall be deemed to be head ofthe household for the purpose of issue of rationcards.

(2) Where a household at any time does not have awoman or a woman of eighteen years of age orabove, but has a female member below the age ofeighteen years, then, the eldest male Member of thehousehold shall be considered as head of thehousehold for the purpose of issue of ration card andthe female Member, on attaining the age of eighteenyears, shall be considered as the head of thehousehold for the issue of such ration cards.

CHAPTER VIIIGRIEVANCE REDRESSAL MECHANISM

District GrievanceRedressal Officer

18. (1) For expeditious and effective redressal ofgrievances in matters relating to distribution ofentitled foodgrains and meal under Chapters II, III,and IV of this Act, a District Grievance RedressalOfficer, with required staff, shall be appointed by theState Government for each District, to enforce variousentitlements under this Act, and investigate andredress grievances, in accordance with the mannerprescribed by the Central Government.(2) The qualifications, method and terms andconditions of appointment and powers of the DistrictGrievance Redressal Officer shall be such as may beprescribed by the Central Government.(3) The State Government shall provide for the salaryand allowances of the District Grievance RedressalOfficer and other staff appointed under sub-section


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(1), and such other expenditure as may beconsidered necessary for their proper functioning.(4) The officer referred to in sub-section (1) shall hearcomplaints regarding non-distribution of entitledfoodgrains or meal, and matters related thereto, andtake necessary action for their redressal in suchmanner and within such time as may be prescribedby the Central Government.(5) Any complainant who is not satisfied with theredressal of grievance by the officer referred to insub-section (1), may file an appeal against such orderbefore the State Commission.(6) Every appeal under sub-section (5) shall be filedin such manner and within such time as may beprescribed by the Central Government.

State Food SecurityCommission.

19. (1) Every State Government shall constitute aState Food Security Commission for the purpose ofmonitoring and review of implementation of this Act.

(2) The State Commission shall consist of -

(a) a Chairperson,(b) five other Members, and(c) a Member Secretary:

Provided that there shall be at least twowomen, whether Chairperson, Member orMember Secretary:

Provided further that there shall be oneperson belonging to the Scheduled Castesandone person belonging to the Scheduled Tribes,whether Chairperson, Member or MemberSecretary.

(3) The Chairperson, other Members and MemberSecretary shall be appointed from amongst persons

(a) who are or have been Member of the AllIndia Services or any other civil services of theUnion or State or holding a civil post under theUnion or State having knowledge andexperience in matters relating to food security,policy making and administration in the field of


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agriculture, civil supplies, nutrition, health orany allied field;

(b) of eminence in public life with wideknowledge and experience in agriculture, law,human rights, social service, management,nutrition, health, food policy or publicadministration; or

(c) who have a proven record of work relatingto the improvement of the food and nutritionrights of the poor:

(4) The method of appointment and terms andconditions subject to which the Chairperson, otherMembers and Member Secretary of the StateCommission may be appointed, and time, place andprocedure of meetings of the State Commission(including the quorum at such meetings) and itspowers, shall be such as may be prescribed by theState Government.

(5) The State Commission shall undertake thefollowing functions, namely:

(a) monitor and evaluate theimplementation of the Act, in relation to theState;

(b) either suo motuor on receipt of complaintinquire into violations of entitlements providedunder Chapters II, III and IV;

(c) issue guidelines to the State Governmentin consonance with the guidelines of theNational Commission in implementation of the

Act;

(d) give advice to the State Government, theiragencies, autonomous bodies as well as non-governmental organizations involved indelivery of relevant services, for the effectiveimplementation of food and nutrition relatedschemes, to enable individuals to fully accesstheir entitlements specified in this Act;


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(e) hear appeals against orders of the DistrictGrievance Redressal Officer;

(f) hear complaints transferred to it by theNational Commission; and

(g) prepare annual reports which shall be laidbefore the State Legislature by the StateGovernment.

(6) The State Government shall make available to theState Commission such administrative and technicalstaff, as it may consider necessary for properfunctioning of the State Commission.

(7) The method of appointment of the staff undersub-section (6) their salaries, allowances andconditions of service shall be such as may beprescribed by the State Government.

20. The State Government shall provide for salaryand allowances of Chairperson, other Members andMember Secretary and support staff, and otheradministrative expenses required for properfunctioning of the State Commission.

National FoodSecurityCommission.

21. (1) The Central Government shall constitute abody known as the National Food SecurityCommission to perform the functions assigned to itunder this Act.

(2) The Headquarters of the National Commissionshall be at Delhi.

(3) The National Commission shall consist of -

(a) a Chairperson,(b) five other Members, and(c) a Member Secretary

Provided that there shall be at least twowomen, whether Chairperson, Member orMember Secretary.

Provided further that there shall be oneperson belonging to the Scheduled Castesand


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one person belonging to the Scheduled Tribeswhether Chairperson, Member or MemberSecretary.

(4) The Chairperson, other Members and MemberSecretary shall be appointed from amongstpersons

(a) who are or have been a Member of AllIndia Services or Indian Legal Service or anyother civil services of the Union or holding acivil post under the Union having knowledgeand experience in matters relating to foodsecurity, policy making and administration inthe field of agriculture, civil supplies, nutrition,health or any allied field;

(b) of eminence in public life with wideknowledge and experience in agriculture, law,human rights, social service, management,nutrition, health, food policy or publicadministration; or

(c) who have a proven record of work relatingto the improvement of the food and nutrition

rights of the poor.

(5) The method of appointment and terms andconditions subject to which the Chairperson otherMembers and Member Secretary of the NationalCommission may be appointed, and time, place andprocedure of meetings of the National Commission(including the quorum at such meetings) and itspowers, shall be such as may be prescribed by theCentral Government.

(6) The National Commission shall undertake thefollowing functions, namely:-

(a) monitor and evaluate the implementation ofthis Act and schemes made there under;

(b) either suo motuor on receipt of complaintinquire into violations of entitlementsprovided under Chapters II, III and IV;


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(c) advise the Central Government insynergising existing schemes and framingnew schemes for the entitlements providedunder this Act;

(d) recommend to the Central Government andthe State Governments, steps for theeffective implementation of food andnutrition related schemes, and to enablepersons to fully access their entitlementsspecified in this Act;

(e) issue requisite guidelines for training,capacity building and performancemanagement of all persons charged withthe duty of implementation of the schemes;

(f) consider the reports and recommendationsof the State Commissions for inclusion in itsannual report;

(g) hear appeals against the orders of theState Commission;

(h) prepare annual reports on implementationof this Act, which shall be laid before

Parliament by the Central Government.

(7) The Central Government shall make available tothe National Commission such other administrativeand technical staff, as it may consider necessary forproper functioning of the National Commission.

(8) The method of appointment of the staff undersub-section (7), their salaries, allowances andconditions of service shall be such as may beprescribed by the Central Government.

22. The Central Government shall provide for thesalary and allowances of Chairperson, otherMembers and Member Secretary and support staffand other administrative expenses, required forproper functioning of the National Commission.


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CHAPTER IX

OBLIGATIONS OF CENTRAL GOVERNMENT FORFOOD SECURITY

Central Governmentto allocate requiredquantity offoodgrains fromcentral pool to StateGovernments.

23. (1) The Central Government shall, for ensuringthe regular supply of foodgrains to persons belongingto priority households and general households,allocate from the central pool the required quantity offoodgrains to the State Governments under theTargeted Public Distribution System, as per theentitlements and at prices specified in Schedule I.(2) The Central Government shall allocate foodgrainsin accordance with the number of persons belongingto the priority households and general householdsidentified in each State under section 14.(3) The allocation of foodgrains under sub-section (2)shall be revised annually, in the manner prescribed,based on the actual or estimated population as thecase may be.(4) The Central Government shall provide foodgrainsin respect of entitlements under sections 4, 5, 6,8, 9and section 11, to State Governments, at pricesspecified for persons belonging to priority householdsin the Schedule I.(5) Without prejudice to sub-section (1), the CentralGovernment shall,-

(a) procure foodgrains for the central poolthrough its own agencies and the StateGovernments and their agencies;(b) allocate foodgrains to the States;(c) provide for transportation of foodgrains, asper allocation, to the depots designated by theCentral Government in each State; and(d) create and maintain required modern andscientific storage facilities at various levels.

Provisions for fundsby CentralGovernment to StateGovernment incertain cases.

24. In case of short supply of foodgrains from thecentral pool to a State, the Central Government shallprovide the State Government funds for meetingobligations under Chapters II, III and IV, at suchprices and in such manner as may be prescribed bythe Central Government.


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CHAPTER X

OBILIGATIONS OF STATE GOVERNMENT FORFOOD SECURITY

Implementation andmonitoring ofschemes forensuring foodsecurity.

25. (1) The State Government shall be responsible forimplementation and monitoring of the schemes ofvarious Ministries and Departments of the CentralGovernment in accordance with guidelines issued bythe Central Government for each scheme, and theirown schemes, for ensuring food security to thetargeted beneficiaries in their State.

(2) Under the Targeted Public Distribution System, itshall be the duty of the State Government to-

(a) take delivery of foodgrains from thedesignated depots of the Central Governmentin the State, at prices specified in the ScheduleI, organize intra- State allocations for deliveryof the allocated foodgrains through theirdedicated agencies at the door-step of eachfair price shop; and(b) ensure actual delivery or supply of thefoodgrains to the entitled persons at pricesspecified in Schedule I.

(3) For foodgrain requirements in respect ofentitlements under sections 4, 5, 6,8, 9 and section11 it shall be the responsibility of the StateGovernment to take delivery of foodgrains from thedesignated depots of the Central Government in theState, at prices for persons belonging to priorityhouseholds specified in the Schedule I and ensureactual delivery of entitled benefits, as specified undersections aforesaid.

(4) In case of failure to supply the entitled quantitiesof foodgrains or meal to entitled persons underChapters II, III and IV, the State Government shall beresponsible for payment of food security allowancespecified in section 12.

(5) For efficient operations of the Targeted PublicDistribution System, every State Government shall,--

(a) create and maintain scientific storagefacilities at the State, District, and Block


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levels, being sufficient to accommodatefoodgrains required under the Targeted PublicDistribution system and other food basedwelfare schemes;(b) suitably strengthen capacities of their Foodand Civil Supplies Corporations and otherdesignated agencies;(c) establish institutionalized licensingarrangements for fair price shops inaccordance with the relevant provisions of thePublic Distribution System (Control)Order,2001 as amended from time to time.

CHAPTER XIOBILIGATIONS OF LOCAL AUTHORITIES

Implementation ofTargeted PublicDistribution System.

26.(1) The local authority, municipality, PanchayatiRaj Institutions and urban local bodies shall beresponsible for the proper implementation of this Actin their respective areas.

(2) Without prejudice to sub- section (1), the StateGovernment may assign, by notification, additionalresponsibilities for implementation of the TargetedPublic Distribution System to the local authority ormunicipality or Panchayati Raj Institutions or urbanlocal bodies.

Obligations of localauthority ormunicipality orPanchayati RajInstitution or urbanlocal bodies.

27. In implementing different schemes of theMinistries and Departments of the CentralGovernment and the State Governments formulatedto implement provisions of this Act, the local authorityor municipality or Panchayati Raj Institutions or urbanlocal bodies shall be responsible for discharging suchduties and responsibilities as may be assigned tothem by notification, by the respective StateGovernments.

CHAPTER XIITRANSPARENCY AND ACCOUNTABILITY

Disclosure ofrecords of TargetedPublic Distribution

28. All Targeted Public Distribution System relatedrecords shall be placed in the public domain and keptopen for inspection to public, in such manner as may


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System. be prescribed by the State Government.

Conduct of socialaudit.

29. (1) Every local authority or municipality orPanchayati Raj Institution or urban local body, or anyother authority or body, as may be authorized by theState Government, shall conduct or cause to beconducted, periodic social audits on the functioning offair price shops, Targeted Public Distribution Systemand other welfare schemes, and cause to publicise itsfindings and take necessary action, in such manneras may be prescribed by the State Government.

(2) The Central Government may, if it considersnecessary, conduct or cause to be conducted socialaudit through independent agencies.

Setting up ofVigilanceCommittees.

30. (1) For ensuring transparency and properfunctioning of the Targeted Public Distribution Systemand accountability of the functionaries in such system,every State Government shall set up VigilanceCommittees as prescribed in the Public DistributionSystem (Control) Order, 2001, as amended from timeto time, at the State, District, Block and fair price shoplevels consisting of such persons, as may beprescribed, giving due representation to thePanchayati Raj Institutions in rural areas and urbanlocal bodies in urban areas, as well as the ScheduledCastes, the Scheduled Tribes, women and destitutepersons or persons with disability.(2) The Vigilance Committees shall perform thefollowing functions, namely:-

(a) regularly supervise the implementation of allschemes under this Act;

(b) inform the District Grievance RedressalOfficer, in writing, of any violation of this Act;and

(c) inform the District Grievance RedressalOfficer, in writing, of any malpractice ormisappropriation of funds found by it.

CHAPTER XIIIPROVISIONS FOR ADVANCING FOOD SECURITY

Steps to furtheradvance food andnutritional security.

31. The Central Government, the State Governmentsand local authorities shall, for the purpose ofadvancing food and nutritional security, strive to


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progressively realize the objectives specified inSchedule IV .

CHAPTER XIVMISCELLANEOUS

Other welfareschemes.

32. The provisions of this Act do not preclude theCentral or State Government from continuingimplementation of other food based welfare schemes.

Penalties 33. Any public servant or authority found guilty, bythe State Commission or the National Commission atthe time of deciding any complaint or appeal, of failingto comply with the relief recommended by the DistrictGrievance Redressal Officer, without reasonablecause, or willfully ignoring such recommendation,shall be liable to penalty not exceeding five thousandrupees:

Provided that the public servant or the publicauthority, as the case may be, shall be given areasonable opportunity of being heard before anypenalty is imposed.

Power to delegate byCentral Governmentand StateGovernment.

34. (1) The Central Government may, by notification,direct that the powers exercisable by it (except thepower to make rules) in such circumstances andsubject to such conditions and limitations, beexercisable also by the State Government or anofficer subordinate to the Central Government or theState Government as it may specify in the notification.(2) The State Government may, by notification, directthat the powers exercisable by it (except the power tomake rules), in such circumstances and subject tosuch conditions and limitations, be exercisable also

by an officer subordinate to it as it may specify in thenotification.

Act to haveoverriding effect.

35. The provisions of this Act or the schemes madethereunder shall have effect notwithstanding anythinginconsistent therewith contained in any other law forthe time being in force or in any instrument havingeffect by virtue of such law.


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Power to amendSchedules

36. (1) If the Central Government is satisfied that it isnecessary or expedient so to do, it may, bynotification, amend Schedule I or Schedule II orSchedule III or Schedule IV and thereupon Schedule Ior Schedule II or Schedule III or Schedule IV, as thecase may be, shall be deemed to have beenamended accordingly.(2) A copy of every notification made under sub-section (1), shall be laid before each House ofParliament as soon as may be after it is made.

Power of CentralGovernment to givedirections.

37. The Central Government may, from time to time,give such directions, as it may consider necessary, tothe State Governments for the effectiveimplementation of the provisions of this Act and theState Governments shall comply with such directions.

Power of CentralGovernment to makerules.

38. (1) The Central Government may, by notification,and subject to the condition of previous publication,make rules to carry out the provisions of this Act.(2) In particular, and without prejudice to thegenerality of the foregoing power, such rules mayprovide for all or any of the following matters,namely:-

(a) guidelines for providing wheat flour inlieu of entitled quantity of food grains undersub-section (2) of section 3;(b) schemes for destitute and homelesspersons under section 8;(c) schemes for emergency and disasteraffected persons under section 9;(d) manner in which relief shall be providedunder section 11 to persons living instarvation;(e) the amount, time and manner of payment offood security allowance to entitled individualsunder section 12;(f) State-wise distribution of coverage ofpersons under priority households and generalhouseholds under sub-section (2) of section13;(g) reforms in the Public Distribution System towhich coverage of persons belonging togeneral households shall be linked under sub-section (3) of section 13 and the dates fromwhich such coverage shall be operational;(h) the guidelines for identification of priority


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and general households, including exclusioncriteria for the purpose of their entitlementunder sub-section (1) of section 14;(i) the method and terms and conditions ofappointment, and powers of the DistrictGrievance Redressal Officer under sub-section (2) of section 18;(j) the manner and time limit for hearingcomplaints by the District Grievance RedressalOfficer and the filing of appeals under sub-sections (4) and (6) of section 18;(k) the method of appointment and the termsand conditions of appointment of Chairperson,other Members and Member Secretary of theNational Commission, its powers, andprocedures of meetings of the Commission,under sub-section (5) of section 21;(l) methods of appointment of staff of theNational Commission, their salary, allowancesand conditions of service under section subsection (8) of section 21;(m) the prices and the manner in which fundsshall be provided by the Central Governmentto the State Governments in case of shortsupply of foodgrains, under section 24;(n) any other matter which is to be, or may be,prescribed or in respect of which provision is tobe made by the Central Government by rules.

(3) Every rule made by the Central Government underthis Act shall be laid, as soon as may be after it ismade, before each House of Parliament, while it is insession, for a total period of thirty days which may becomprised in one session or in two or moresuccessive sessions, and if, before the expiry of thesession immediately following the session or thesuccessive sessions aforesaid, both Houses agree inmaking any modification in the rule or both Housesagree that the rule should not be made, the rule shall,thereafter, have effect only in such modified form orbe of no effect, as the case may be; so, however, thatany such modification or annulment shall be withoutprejudice to the validity of anything previously doneunder that rule.

Power of StateGovernments to

39. (1) The State Government may, by notification,and subject to the condition of previous publication,


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make rules. and consistent with this Act and the rules made by theCentral Government, make rules to carry out theprovisions of this Act.(2) In particular and without prejudice to the generalityof the foregoing power, such rules may provide for allor any of the following matters, namely:-

(a) the method of appointment and the terms andconditions of appointment of Chairperson,other Members and Member Secretary of theState Commission, procedure for meetings ofthe Commission and its powers, under sub-section (4) of section 19;

(b) the method of appointment of staff of the StateCommission, their salaries, allowances andconditions of service under sub section (7) ofsection 19;

(c) the manner in which the Targeted PublicDistribution System related records shall beplaced in the public domain and kept open forinspection to public under section 28;

(d) the manner in which the social audit on thefunctioning of fair price shops, Targeted PublicDistribution System and other welfare schemesshall be conducted under section 29;

(e) the details of constitution of vigilancecommittees under sub-section (1) of section30;

(f) any other matter which is to be, or may be,prescribed or in respect of which provision is tobe made by the State Government by rules.

(3) Every rule or Scheme made by the StateGovernment under this Act shall, as soon as may beafter it is made, be laid before each House of theState Legislature where there are two houses, andwhere there is one House of the State Legislature,before that House.

Power to removedifficulties.

40. (1) If any difficulty arises in giving effect to theprovisions of this Act, the Central Government may,by order, published in the Official Gazette, make suchprovisions, not inconsistent with the provisions of thisAct, as appear to it to be necessary or expedient forremoving the difficulty:

Provided that no order shall be made under thissection after the expiry of two years from the


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commencement of this Act.(2) Every order made under this section shall be laid,as soon as may be after it is made, before eachHouse of Parliament.

Utilisation ofinstitutionalmechanism for otherpurposes

41. The services of authorities to be appointed orconstituted under sections 18, 19 and section 21 maybe utilized in the implementation of other schemes orprogrammes of the Central Government or the StateGovernments, as may be prescribed by the CentralGovernment.

Force Majeure. 42. The Central Government, or as the case may bethe State Government, shall not be liable for anyclaim by persons belonging to the priority householdsor general households or other groups entitled underthis Act for loss, damage, or compensationwhatsoever arising out of failure of supply offoodgrains or meals when such failure of supply isdue, either directly or indirectly, to force majeureconditions such as war, flood, drought, fire, cyclone,earthquake or any act of God.


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SCHEDULE I

(See sub-sections (1) and (2) of section 3, sub-sections (1) and (4) ofsection 23, sub- sections (2) and (3) of section 25)

Foodgrain Entitlements and Issue Prices under Targeted PublicDistribution System

Priority Households General Households

Foodgrain Entitlement Seven kilograms of

foodgrains per person permonth.

Three kilograms of foodgrains

per person per month.

Price Not exceeding Rs. 3,2 or

1 per kg for

rice/wheat/coarse grains

Not exceeding 50 per cent. of

the minimum support price for

wheat and coarse grains, and

derived minimum support

price for rice.


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SCHEDULE II

(See section 4, sub-sections (1) and (2) of section 5 and section 6)

NUTRITIONAL STANDARDS

Nutritional Standards: The Nutritional standards for children in the age group of

6 months 3 years, age group of 3-6 years and pregnant and lactating women

required to be met by providing of Take Home Rations* and/or nutritious cooked

meal or ready to eat meal in accordance with the Integrated Child Development

Services Scheme and nutritional standards for children in lower and upper

primary classes under the Mid Day Meal scheme are as follows:

Category Type of meal ** Calories(Kcal)

Protein(g)

Children (6 months-3 years) Take Home Ration 500 12-15

Children (3-6 years) Cooked Meal 500 12-15

Children (6 months- 6 years) who

are malnourished

Take Home Ration 800 20-25

Lower primary classes Cooked Meal 450 12

Upper primary classes Cooked Meal 700 20

Pregnant and Lactating mothers Take Home Ration 600 18-20

* Energy Dense Food fortified with micronutrients as per 50% of RDA(Recommended Dietary Allowance)

** Meals shall be prepared in accordance with the prevailing Food Laws

NB: Nutritional standards are notified to provide balance diet and nutritious foods interms of the calorie counts, protein value and micronutrients specified.


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SCHEDULE III

(See sub-section (1) of section 13)

Coverage under Targeted Public Distribution System

Rural Upto 75 per cent. of the total population, with at least 46

per cent. population belonging to priority households

Urban Upto 50 per cent. of the total population, with at least 28

per cent. population belonging to priority households


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SCHEDULE IV

PROVISIONS FOR ADVANCING FOOD SECURITY

(See sub-section (1) of section 31)

(1) Revitalisation of Agriculture -

(a) agrarian reforms through measures for securing interests of small and marginalfarmers;

(b) increase in investments in agriculture, including in research & development,extension services, micro and minor irrigation and power;(c) ensuring remunerative prices, credit, irrigation, power, crop insurance, etc.;(d) prohibiting unwarranted diversion of land and water from food production;

(2) Procurement, Storage and Movement related interventions:

(a) incentivising decentralised procurement including procurement of coarse grains;(b) geographical diversification of procurement operations(c) augmentation of adequate decentralised modern and scientific storage;(d) giving top priority to movement of foodgrains and providing sufficient number of

rakes for this purpose, including expanding the line capacity of railways tofacilitate foodgrain movement from surplus to consuming regions.

(3) Reforms in the Targeted Public Distribution System in consonance with thefunctional role envisaged for it in the Act, which would, inter alia, include the following,namely:

(a) doorstep delivery of foodgrains to the Targeted Public Distribution Systemoutlets;

(b) application of information and communication technology tools including end-to-end computerization in order to ensure transparent recording of transactions at

all levels, and to prevent diversion;(c) leveraging aadhaar for unique identification, with biometric information ofentitled beneficiaries for proper targeting of benefits under this Act.

(d) full transparency of records;(e) preference to public institutions or public bodies such as Gram Panchayats,

self Help groups, Cooperatives, etc. in licensing of fair price shops andmanagement of fair price shops by women or womens collectives;

(f) support to local public distribution models and grains banks; and


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(g) introducing schemes such as cash transfer, food coupons, among others, to thetargeted beneficiaries in lieu of their foodgrain entitlements specified in ChapterII, in areas and manner to be prescribed by the Central Government.

(4) Others: Access to

(a) Safe and adequate drinking water and sanitation(b) Health care(c) Nutritional, health and education support to adolescent girls(d) Adequate pensions for senior citizens, persons with disability and single

women

Draft National Food Security Bill

Documents

Transcript of Draft National Food Security Bill